The URL can be used to link to this page

Home My WebLink About19990722 Ver 1_Notice of Violation_20151211Natet'Resources ENVIRONMENTAL QUAUTY PATWCCKOKY DONALD K.VAN DER \//\/\RT Se, r S. JAY ClMMDRK4/\N December 11,ZO15 w~, lor CERTIFIED MAIL #7014 2120 0000 8057 8160 RETURN RECEIPT REQUESTED P8'DFamily Properties, LLC At n: Pamela M. Stewart 42OMills Road Goldsboro, NC2753{-063S Subject: Notice of Violation 2015 -PC -0321 CERTIFIED MAIL # 7014 2120 0000 8057 8177 RETURN RECEIPT REQUESTED Mue|ler&Pittman, Inc. Attn: Peter Mueller 141SneadsFerry Road NOVSneads Ferry, NC 28460 Lots 7 &0Cape island Subdivision, North Topsail Beach Project #1B96OO80and 1999D722 Onslow County Dear Mrs. Stewart and Mr. Mueller: OnJuly 11,1995and September 2,1999 the Division ofWater Resources (formerly the Division of Water Quality) issued a40lWater Quality Certification. The Section 4O4Permit and corresponding 401 Certification authorized the discharge of fill material into 0.16 acres of jurisdictional wetlands and to construct a boat ramp (with 180 square feet of Coastal Marsh fill) and community docking facility within the subdivision. OnNovember 1O 2015, Joanne Steenhuis of the Division of Water Resources, Wilmington Regional Office (DWR'VViRO)and Brad Shaver ofthe USArmy Corps pfEngineers (U5ACE)cnnductedan inspection of Lots 7 & 8 of the Cape Subdivision, in North Topsail Beach, North Carolina. As a result of the site inspection and file review, the following violations are noted: Item |. Wetland Standards Violation Item N1.401Water Quality Certification condition violations Item 1: Wetland Standard Violation Wetland disturbance corresponding to grubbing in wetlands were observed. The removal of trees, shrubs and stumps, the deep rutting of the wetlands and the moving of sediment (considered to be fill) represents violations of the following North Carolina wetland standard which states: State ol"Nortli c^*xm | Environmental Quality | Water Resources mnMail service Center | Raleigh, uomCarolina 276991611 P&D Family Properties, LLC Attn: Pamela Stewart Mueller & Pittman Attn: Peter Mueller Project # 19950050 and 19990722 December 11, 2015 Page 2 of 4 15A NCAC 213.0231(b) (1) and (5) 1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may cause adverse impacts on existing wetland uses; 5) Hydrological conditions necessary to support the biological and physical characteristics naturally present in wetlands shall be protected to prevent adverse impacts on: C) The chemical, nutrient and dissolved oxygen regime of the wetland; D) The movement of aquatic fauna; F) Water levels or elevations. The investigators found that the areas had been grubbed and the deep ruts from machinery going through the wetlands were also noted. The stumping of the trees and shrubs caused sediment to be moved and is also considered fill and therefore impacts to wetlands. Item Il. 401 Water Quality Certification condition violations The project was issued on the condition that deed notifications were to be placed on all lots with wetlands to restrict future fill. The Island Development Group, LLC recorded the Declaration of Covenants, Conditions and Restrictions for Cape Island on September 10, 1997 to fulfill this 404/401 condition. The Covenants state in Article VI, Protective Covenants, Section 7. Wetlands Protection " Nationwide permits shall not be available or applied for from the US Army Corps of Engineers or any State agency for wetland fill on the property. No excavated or fill materials shall be placed at any time in any vegetated wetlands or waters other than the materials placed within the footprint of the road crossing as shown on the survey plat for Cape Island." Also under article VIII Utility, Landscaping and Roadway Easements Section 2 Wetlands Reserved for Drainage Purposes. states "The wetland areas as identified on the recorded plat, or subsequently revised pursuant to approval by the responsible regulatory agencies, are reserved for drainage purposes including the current drainage contribution of offsite roadway and offsite property discharging to such areas. Except with the written approval of the declarant or Committee, and subject to local, state and/or federal environment permitting conditions, the Owners of Lots which contain such wetland areas shall not perform maintenance activities, or provide or place any structures, plantings of such areas including actions which may retard, obstruct, or reverse the flow of water or which may damage or interfere with established slopes or otherwise create erosion problems. The investigators found impacts to wetlands behind both Lots 7 and 8 that were wetland areas included in the Restrictive Covenant. The stumping and removal of trees and shrubs within the wetland areas behind Lots 7 and 8 are in clear violation of the recorded restrictive covenants. P&D Family Properties, LLC Attn: Pamela Stewart Mueller &Pittman Attn: Peter Mueller pn4ectm1996OO8oand z999O7z2 December 11^2V15 Page 3uf4 Accordingly, you are directed torespond tothis letter inwriting within 30calendar days ufreceipt of this Notice. You/ response should be sent tnthis office at the letterhead address and include the following: 1. Please submit aRestoration Plan 0othis office for review and approval. You are encouraged to secure a consultant to assist you with your plan development to achieve compliance. This plan should include the following: a. The location of the wetland line as depicted on the recorded plat. How the site will be restored tonatural grade, the restoration of the ruts and piles of sediment that was caused bvthe machinery and stumping. Nqmachines will beallowed in the wetland area. The work needs to be done by hand labor. c. How the area will be stabilized until the wetland re-establishes itself, d. Amonitoring plan to assess the success of the wetland to re-establish itself. This needs to bemonitored annually for the next 3hn5years oruntil the restoration has been deemed successful. This can bedone with photographs sent inyearly e. Please indicate in your response oschedule with dates detailing when the restoration will be accomplished. This schedule should include athree-year monitoring plan 10ensure that the wetlands are restored. It isrequired that you contact the Division nfEnergy, Mineral, and Land Resources and the U.5. Army Corps of Engineers to ensure that your restoration efforts are in compliance with the Sedimentation Pollution Control Act and Section 4O4nfthe Clean Water Act. Your Contact for the USArmy Corps ofEngineers isBrad Shaver at910.251.4611or and your contact for the Division ofEnergy, Mineral, and Land Resources ixKarl Hammers at918.796.7]7Znr . 3. Finally, please explain how you propose to prevent this problem from recurring in the future? Thank you for your attention tothis matter. This Office |sconsidering sending arecommendation for enforcement to the Director of the Division of Water Resources regarding these issues and any future/continued violations that may beencountered. This off ice requires that the violations, as detailed above, bwabated immediately and properly resolved. Environmental damage and/or failure tosecure proper authorizations have been documented nnthe subject tract anstated above, Your efforts to undertake activities 10 bring the subject site back into compliance is not an admission, rather it is an action that must be taken in order to begin to resolve ongoing environmental issues. Pursuant toi�143-215.6A, these violations and any future violations are subject toacivil penalty assessment ofuptmemaximum #f$2G,DOD.0Qper day for each violation. Your above-mentioned response to this correspondence, the degree and extent of harm to the environment and the duration and gravity of the violation(s) will be considered in any civil penalty assessment process that may occur. p&DFamily Properties, LLC Attn: Pamela Stewart MoeUer&pUuman Attn: Peter Mueller Project #z996UVx0and 1999O7Ia December 11^2V15 Page 4of* By copy of this letter, the Division brequesting the Town of North Topsail Beach to hold Certificates of Compliance (COCs) until this site is in compliance G.S.160A-423. Should you have any questions regarding these matters, please contact Joanne Steenhuis at 910.796.7306 or me at 910.796,7386, Jim Qon, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office co: Shelton Sullivan 401Wetlands and Buffers Unit — electronic copy Brad Shaver —USACEWilmington Field Office — electronic copy Karl Hammers —DEK4LRVV|RO Daniel Sams —DEMLRVViR(}—electronic copy Fred Harris —Cape Island HOA President ' electronic copy Jimmy [anady—Town nfNorth Topsail Beach K4SC 1617Central Files Basement VViR(]